R v M

[2003] QCA 556

SUPREME COURT OF QUEENSLAND

CITATION:	R v M [2003] QCA 556
PARTIES:	R v M (applicant)
FILE NO:	CA No 359 of 2003 DC No 345 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING  COURT:	District Court at Brisbane
DELIVERED EX	11 December 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	11 December 2003
JUDGES:	Williams JA, Chesterman and McMurdo JJ Separate reasons for judgment of each member of the court, each concurring as to the order made
ORDER:	Application refused
CATCHWORDS:	CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATION TO REDUCE SENTENCE - WHEN REFUSED - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEX OFFENCES - indecently treating a child with a circumstance of aggravation - whether sentence was manifestly excessive - whether sentence should have been wholly suspended - whether mitigating factors given adequate consideration
December 1998, considered R v M; ex parte AG [2002] 2 Qd R 543, considered R v N [2001] QCA 70; CA No 215 of 2000, 6 March 2001 R v Phuc Minh Pham [1996] QCA 3, CA No 435 of 1995, cited R v Moffat [2003] QCA 95; CA No 439 of 2002, 11 March 2003, considered
R v L, exparte AG [1998] QCA 468; CA No 373 of 1998, 3 distinguished
COUNSEL:	M J Griffin SC for the applicant B G Campbell for the respondent
SOLICITORS:	Price & Roobottom for the applicant Director of Public Prosecutions (Queensland) for the respondent

CHESTERMAN J: On 19 August 2003, the applicant pleaded guilty in the District Court to three counts of indecently treating a child with a circumstance of aggravation: namely, that in each case the child was under the age of 12. The applicant is 31

years of age. The three charges involve two children: a brother and sister whose mother is the applicant's first cousin. He lives in Sydney, but each summer he visited his
cousin's household on the Gold Coast.

The first offence occurred on a visit in November 2000. The applicant shared a sofa bed with his second cousin, a boy then 10 years old. They both went to bed at the same time and began talking about sex. This led to the applicant fondling the boy's genitals by consent and then committing an act of fellatio. He stopped as soon as the boy told him to.

The second offence occurred very late in December of 2001. It offence occurred when the family including the applicant were driving in the family car. The applicant was sitting in the back between the complainant girl and her younger sister. He rubbed the girl's labia using his own saliva for lubrication. His finger did not penetrate into the vagina but the contact was with her skin and not her clothing.

involved the female child who was then eight years of age.

The applicant claimed when interviewed by…